By installing, accessing, or using the ITSM360 – Light webpart (the “Application”), you (“User” or “you”) agree to be bound by the following terms and conditions (the “Terms”). If you are accepting these Terms on behalf of an organization, you represent that you have the authority to bind that organization.

If you do not agree with these Terms, do not install or use the Application. These Terms constitute a legal agreement between you and ITSM COMPANY (“we”, “us”, or “the Developer”), the developer and licensor of the Application.

The Application is distributed through Microsoft AppSource, but it is licensed to you by ITSM COMPANY, not by Microsoft. Microsoft is not a party to these Terms and shall have no liability or responsibility regarding the Application except as expressly provided in Microsoft’s own terms and policies.

1. License Grant and Scope of Use

License Grant

Subject to your compliance with these Terms and payment of any applicable fees, ITSM Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to install and use the ITSM360-Light software Application within your Microsoft SharePoint Online environment for your internal business purposes.

This license allows use of the Application only as provided via Microsoft AppSource and in accordance with any usage guidelines or documentation we provide.

Ownership

This is a license to use the Application – not a sale of the software or any intellectual property.

ITSM Company retains all right, title, and interest in and to the Application, including all software, templates, content, materials, and documentation provided. All rights not expressly granted to you in these Terms are reserved by ITSM Company.

Permitted Users

You may allow your employees or authorized contractors to use the Application on your behalf, provided that all such users comply with these Terms. You are responsible for all use of the Application under your license.

Restrictions: You agree that you will NOT:

• Distribute or Transfer: Sell, resell, rent, lease, lend, sublicense, or otherwise transfer the Application or make it available to any third party (except your authorized users within your organization). You may not publish or share the Application’s source files or components with others outside your organization.
• Reverse Engineer: Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or algorithms of the Application, except to the limited extent (if any) allowed by applicable law notwithstanding this limitation.
• Modify or Create Derivatives: Modify, alter, adapt, or create derivative works based on the Application (other than content or configurations specifically intended to be customized through the Application’s provided features). You may not remove or alter any copyright, trademark, or other proprietary notices from the Application.
• Unauthorized Use: Use the Application in any manner that violates any applicable law or regulation, or for any unlawful, fraudulent, or abusive purpose. This includes not using the Application to transmit any viruses, malware, or harmful content, and not using it in a way that could impair the functionality of the SharePoint platform or the Microsoft 365 services for others.
• Outside Scope: Use the Application outside the scope of use defined in these Terms or the AppSource listing. For example, you may not use the Application on multiple Microsoft 365 tenants or environments beyond what your license allows, nor bypass any technical limitations of the Application or Microsoft’s licensing platform.

Any attempt to do any of the above is a violation of these Terms and the rights of ITSM Company. If you breach these restrictions, your license to use the Application will immediately terminate (see Section 9 below), and you may be subject to legal penalties.

2. User Responsibilities

Compliance and Appropriate Use

You agree to use the Application only for its intended purpose as an IT admin support tool within your SharePoint environment. You are solely responsible for ensuring that your use of the Application (and any content or data you manage with it) complies with all applicable laws, regulations, and organizational policies. This includes (but is not limited to) data privacy laws, intellectual property laws, and export control regulations.

Authority and Account Security

If you are the SharePoint administrator or individual who installs the Application, you are responsible for managing user access and permissions for the Application within your tenant. You must ensure that only authorized personnel have access. You are also responsible for maintaining the security of your Microsoft 365 account and your SharePoint sites. ITSM Company will not be liable for any loss or damage arising from unauthorized access resulting from your failure to secure your environment.

Content and Data:

You retain all rights and responsibility for the data, files, and content that you or your users create, upload, or manage using the Application (your “Content”). We do not monitor or control your Content. You agree that you will not use the Application to store or transmit any Content that is illegal, defamatory, infringing, or violates any third-party rights.

You must have all necessary rights and permissions to use any Content with the Application. ITSM Company is not responsible for any Content you process through the Application.

No Sensitive or Regulated Data

The Application is not designed to be compliant with any specific regulations (for example, ISO27001, NIS2, GDPR, etc.) and does not provide special security or encryption beyond what SharePoint itself provides.

You should not use the Application to collect or manage sensitive personal data or regulated data unless you have independently ensured that such use is compliant with applicable law and Microsoft’s terms.

ITSM Company does not collect any personal data via the Application (see Section 3 below), and any sensitive data you choose to use within the Application remains solely under your control and responsibility.

Microsoft 365 Requirements

The Application is designed to run on Microsoft SharePoint Online (Microsoft 365). It is your responsibility to have a valid SharePoint/Microsoft 365 subscription and to meet any technical or system requirements for using the Application (such as having the correct SharePoint version or necessary permissions). We are not responsible if the Application is not functional due to your lack of the required Microsoft services or incorrect configuration of your SharePoint environment.

3. Data Privacy and Data Handling

No Personal Data Collected by Developer

ITSM Company does not collect, store, or process any personal data or user-provided content through the Application. The Application operates within your Microsoft 365/SharePoint environment, and any data or content you use with the Application remains on your SharePoint tenant.

We do not transmit your data to our servers or any external services. Because we do not collect any user data, we do not provide a separate privacy policy for the Application; however, Microsoft’s privacy and security measures for SharePoint will apply to the data in your tenant.

Telemetry and Analytics

The Application does not include any hidden telemetry or analytics code that sends data back to ITSM Company. Any information about usage that might be visible to us would be limited to aggregate metrics provided by Microsoft (such as the number of downloads) and would not contain personal or identifiable information about users or Content.

User’s Responsibility for Privacy

Even though the Application itself does not send us any data, you are responsible for using the Application in compliance with privacy laws. For example, if you choose to collect personal information from your employees or users through your SharePoint site(s), you must provide any necessary notices and obtain appropriate consents for such data collection as required by law. ITSM Company has no access to or responsibility for any personal data you manage within the Application.

Microsoft’s Role

Your use of the Application is also subject to Microsoft’s privacy and data handling policies, since the Application runs on Microsoft’s SharePoint Online platform. Microsoft may collect certain technical or usage data about the Application through their systems (such as SharePoint diagnostics or logs). Please review Microsoft’s terms and privacy statements for how Microsoft 365 services handle user data. ITSM Company is not responsible for data collected by Microsoft’s platform.

4. Support and Maintenance

Support from ITSM Company

As the publisher of the Application, ITSM Company is responsible for providing support for the Application. If you have questions, issues, or feedback, you may contact us at https://itsmcompany.net/support. We will make commercially reasonable efforts to respond and assist you with any problems. However, unless a separate support agreement is in place, support is provided on an “as available” basis, and we do not guarantee any specific response time or resolution.

Updates and Upgrades

We may, from time to time, release updates, enhancements, or bug fixes for the Application. If an update is made available through AppSource or the Microsoft update mechanism, we encourage you to install it to ensure the best performance and security. These Terms will govern any updates or upgrades to the Application that we may provide, unless such update is accompanied by a separate license (in which case that license will govern). We reserve the right to modify or discontinue the Application (or any part of it) at any time; however, if you have paid for a license, you will continue to have the right to use the last available version in accordance with these Terms.

No Obligation for Custom Modifications

We are not obligated under these Terms to develop or provide any future features, modifications, or customization specific to your needs. Any roadmap or feature suggestions are just considerations and not a promise of delivery.

Microsoft’s Role in Support

You acknowledge that Microsoft has no obligation to provide support for the Application. Please do not contact Microsoft for support of this Application; instead, use the support contact information provided by ITSM Company. Microsoft’s only responsibility in relation to support is to possibly facilitate the distribution of updates via AppSource. Beyond that, all support is the responsibility of ITSM Company.

5. Fees and licensing Conditions

Free Application

The Application is a free product.

License Activation

Upon your download (or activation) through AppSource, you are granted the license described in Section 1. The permit is valid only for the Microsoft 365 tenant/account specified during download.

 No Sharing of License

You may not share, distribute, or subdivide a single license among multiple entities or users beyond what is permitted. Each organization or tenant must have its own license. If you work with affiliates or partners who also want to use the Application, they must obtain their own license unless we explicitly agree in writing to an alternative arrangement.

6. Intellectual Property Rights

Ownership of Intellectual Property

All intellectual property rights in and to the Application (including but not limited to the software code, design, layout, graphics, and any SharePoint templates or design elements provided) are and shall remain the exclusive property of ITSM Company and/or its licensors.

The Application is proprietary to ITSM Company and is protected by copyright, trade secret, and other intellectual property laws. No rights are granted to you other than the limited license rights expressly outlined in these Terms.

Trademarks

“ITSM360” and the ITSM Company’s name and logo are trademarks or service marks of ITSM Company. Microsoft, SharePoint, and other product names or services are trademarks of Microsoft Corporation or its affiliates. This Agreement does not grant you any rights to use the names, logos, or trademarks of ITSM Company, Microsoft, or any other entity, except that you may use the name of the Application internally to refer to it. You shall not remove, alter, or obscure any trademark or logo included in the Application (for example, any “Powered by ITSM Company” branding) without our prior written consent.

Third-Party Components

If the Application includes any third-party software components or open-source libraries, those components are owned by their respective creators. We will identify any third-party components and provide notices or licenses for those as required. Your use of third-party components within the Application may be subject to additional license terms (for example, open-source licenses), which will not materially affect your usage rights of the Application. There is no third-party software bundled in the Application that would collect data or impose additional obligations on you outside of what is documented.

Feedback

Suppose you provide ITSM Company with any suggestions, ideas, enhancement requests, or other Feedback about the Application (“Feedback”). In that case, we are free to use and incorporate such Feedback into our products and services without restriction or payment to you. Any Feedback you provide is entirely voluntary, and we may use it for any purpose. Providing Feedback does not grant you any intellectual property rights in the Application or any improvements made based on your Feedback.

Protection of Rights

You agree not to challenge or infringe our intellectual property rights in the Application. You also agree to prevent any unauthorized copying of the Application. If you become aware of any infringement or unauthorized use of the Application, you should notify us promptly.

7. Microsoft relationship and third-party terms

Microsoft AppSource Terms

Because the Application is made available through Microsoft AppSource (the Microsoft commercial marketplace), your download and use of the Application is also governed by Microsoft’s terms and conditions (such as the Microsoft AppSource or Microsoft Store terms, and the Microsoft Services Agreement). Those terms with Microsoft are a separate agreement between you and Microsoft regarding the use of their marketplace and platform. You must comply with all applicable Microsoft terms while using this Application. For example, you must have a valid Microsoft 365 account and comply with Microsoft’s rules for Office Add-ins or SharePoint apps.

Agreement with ITSM Company

These Terms of Use are solely between you and ITSM Company, not with Microsoft or any other third party. You and ITSM Company acknowledge that Microsoft (and its subsidiaries) are not responsible for the Application and have no obligation to provide any support or maintenance for the Application.

Microsoft’s only responsibilities in relation to the Application are as a distributor and billing agent through AppSource, and as a provider of the underlying SharePoint platform.

No Microsoft Liability

To the maximum extent permitted by law, you agree that Microsoft and its affiliates will have no warranty obligation or liability whatsoever to you in relation to the Application.

Microsoft is not responsible for addressing any claims by you or any third party regarding the Application’s performance or your use of the Application, including but not limited to: product liability claims, claims that the Application fails to conform to any legal or regulatory requirement, claims arising under consumer protection or privacy laws, or claims of intellectual property infringement. Such matters are the responsibility of ITSM Company, as stated in these Terms.

Third-Party Services and Integrations

The Application may interoperate with other Microsoft 365 services (for example, it might display data from SharePoint lists, or integrate with Teams, etc.). Your use of any Microsoft services or third-party services in connection with the Application will be governed by the terms of service of those services. These Terms of Use do not modify or replace any agreements you have with Microsoft or other vendors. For instance, your use of SharePoint Online remains subject to your Microsoft 365 agreement. It is your responsibility to adhere to those third-party terms. ITSM Company is not liable for any issues arising from third-party services or platforms.

8. Disclaimer

“As Is” and “As Available” Basis

The Application is provided “AS IS” and “AS AVAILABLE”, without warranty of any kind. Use of the Application is at your own risk. ITSM Company disclaims all warranties and conditions, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

No Guarantee of Results or Error-Free Operation

ITSM Company does not guarantee that the Application will meet your requirements or achieve any intended results, or that the Application will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant that any content generated or displayed by the Application is accurate or reliable. You assume all responsibility for selecting the Application to achieve your intended results and for the use and results obtained from it.

No Warranty of Availability or Support

We make no warranty that the Application will always be available or continue to be offered indefinitely. While we intend to maintain compatibility with Microsoft SharePoint Online, Microsoft’s updates or changes to their platform may affect the Application’s performance. ITSM Company does not warrant that it will be able to prevent or resolve any technical issues caused by changes in third-party platforms. No information or advice given by ITSM Company, whether orally or in writing, shall create any warranty not expressly stated in these Terms.

9. Liability

To the maximum extent permitted by law, in no event will ITSM Company (or its owners, officers, employees, or affiliates) be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever arising out of or in connection with your use of or inability to use the Application.

This exclusion includes, without limitation, damages for loss of profits, loss of revenue, loss of business opportunity, loss of data, business interruption, or any other commercial or economic loss, even if we have been advised of the possibility of such damages. We are not responsible for any problems or failures of your SharePoint environment, network, or any third-party services caused by your use of the Application.

10. Indemnification

You agree to indemnify, defend, and hold harmless ITSM Company and its affiliates, officers, agents, and employees from and against any third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your use or misuse of the Application; (b) your violation of these Terms; (c) your violation of any applicable law or regulation in connection with your use of the Application; or (d) any Content or data you input, upload, or process using the Application (including any claim that such Content infringes or misappropriates the intellectual property or privacy rights of a third party).

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter). In that case, you agree to cooperate with our defense of such a claim. You will not settle any indemnified claim or matter without our prior written consent (which will not be unreasonably withheld).

11. Governing Law

This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of Denmark.

Jurisdiction and Venue

You agree that any legal proceedings to resolve or litigate any dispute will be brought exclusively in the courts of competent jurisdiction located in Lyngby.

You and ITSM Company consent to the personal jurisdiction of such courts and waive any objections (including objections based on inconvenient forum) to the jurisdiction or venue of those courts.

12. Updates to these terms

ITSM Company may modify or update these Terms of Use from time to time.

Acceptance of Changes

Your continued use of the Application after updated Terms have been posted (and any required notice period has passed) will constitute your acceptance of the revised Terms.

If you do not agree to the changes, you must stop using and uninstall the Application before the changes take effect. We recommend that you review these Terms periodically to ensure you are aware of any updates.